Opinion
A135719
01-04-2013
THE PEOPLE, Plaintiff and Respondent, v. LEE JAMES DANIELS, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(San Mateo County
Super. Ct. No. SC075210A)
Defendant Lee James Daniels pled no contest to one count of possession of cocaine base (Health & Saf. Code, § 11350, subd. (a)) and was sentenced to two years in state prison. Defendant's counsel has raised no issue on appeal and asks this court for an independent review of the record to determine whether there are any arguable issues. (See Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) Defendant has not filed a supplementary brief. We find no arguable issues and affirm.
BACKGROUND
In February 2012, defendant was charged by information with one count of felony possession of cocaine base (Health & Saf. Code, § 11350, subd. (a)). The information also alleged he suffered six previous felony convictions and served two prior prison terms. One of the priors, a 2004 conviction for burglary, was alleged to be a strike (Penal Code, § 1170.12, subd. (c)(1)).
The trial court denied defendant's motion to suppress evidence and his motion under People v. Marsden (1970) 2 Cal.3d 118 (Marsden).The transcript of the hearing on the motion to suppress indicates the charge against defendant was based on the discovery of a small amount of narcotics in defendant's backpack pursuant to a search following a traffic stop. Defendant was stopped by the police because he was riding his bike on a street in the dark without a light, a violation of Vehicle Code, section 21201, subdivision (d). Defendant consented to a search of his backpack; subsequently, dispatch informed the officer who detained defendant that there was a warrant for defendant's arrest.
Defendant pled no contest and admitted the prior strike allegation. The trial court struck the strike pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, and imposed the middle term sentence of two years in state prison.
DISCUSSION
We have reviewed the entire record and have found no arguable appellate issues. Defendant was adequately represented by legal counsel throughout the proceedings. The trial court did not err in denying defendant's motion to suppress. (See People v. Brown (1998) 62 Cal.App.4th 493, 499.) Neither did the court err in denying defendant's Marsden motion.
Defendant completed a plea form that described the constitutional rights he was waiving by entering a no contest plea, the trial court went over those rights with defendant, and the court found defendant freely, knowingly, and intelligently waived those rights. Defendant pled no contest to the count of felony possession of cocaine base and admitted the prior strike. Defense counsel stated there was a factual basis for the plea based on the police reports and his own investigation.
The trial court's sentence was consistent with the plea agreement. The restitution fines imposed by the court were proper.
Appellate counsel advised defendant of his right to file a supplementary brief to bring to the court's attention any issue he believes deserves review. (See People v. Kelly (2006) 40 Cal.4th 106.) Defendant did not file a supplementary brief. There are no legal issues that require further briefing.
DISPOSITION
The judgment is affirmed.
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SIMONS, J.
We concur. ________________
JONES, P.J.
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BRUINIERS, J.